Allahabad High Court
VIBHORE KUMAR RASTOGIversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court condoned the delay and dismissed the revision as withdrawn, permitting the filing of an appeal before the Sessions Judge.
Summary
Vibhore Kumar Rastogi filed a criminal revision challenging a judgment of the Judicial Magistrate dated 10 September 2025 under Section 23 of the Domestic Violence Act. The revisionist sought condonation of a 70‑day delay in filing the revision and later requested to withdraw the revision in favour of filing an appeal before the Sessions Judge under Section 29 of the same Act. The court examined the reason for delay, found it sufficient, and therefore condoned the delay. It then considered the revisionist's request to withdraw and allowed the withdrawal, directing the revision to be dismissed with liberty to file the appropriate appeal. The application for delay condonation was allowed and the revision was dismissed as withdrawn.
Issues considered
- Whether the 70‑day delay in filing the criminal revision can be condoned.
- Whether the revisionist may withdraw the revision and pursue an appeal under Section 29 of the Domestic Violence Act.
Legislation cited
- Domestic Violence Act, 2005 — s. 23, 29
Subjects
- criminal revision
- delay condonation
- Domestic Violence Act
- appeal jurisdiction
- withdrawal of revision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION DEFECTIVE No. - 400 of 2026
Vibhore Kumar Rastogi
.....Revisionist(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Revisionist(s) : Mehrunisha Saifi, Siddharth
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 87
HON'BLE PRAVEEN KUMAR GIRI, J.
Order on Criminal Misc. Delay Condonation Application No.
01 of 2026
1. Heard Mr. Siddharth Srivastava along with Ms. Mehrunisha
Saifi, learned counsel for the revisionist, and learned A.G.A.
for the State.
2. Learned counsel for the revisionist further submits that there
is delay of 70 days in filing the present criminal revision.
3. Cause shown for the delay is sufficient.
4. Accordingly, the delay is condoned. This application is
allowed.
Order on Criminal Revision
1. Learned counsel for the revisionist submits that the present
criminal revision has been filed against the impugned judgment
and order dated 10.09.2025 passed by the Judicial Magistrate
under Section 23 of the Domestic Violence Act.
2. Learned counsel for the revisionist further submits that
against the impugned order, there is provision of filing appeal
before the learned Sessions Judge under Section 29 of the
CRLRD No. 400 of 2026
2
Domestic Violence Act, therefore, he may be permitted to
withdraw this revision with liberty to file before the learned
Sessions Judge.
3. In view of the above submission, this revision is dismissed
as withdrawn with the aforesaid liberty.
April 20, 2026
DKS
(Praveen Kumar Giri,J.)
Digitally signed by :-
DEEPAK KUMAR SRIVASTWA
High Court of Judicature at Allahabad
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